| 1 | 1 | | By: Hughes S.B. No. 2290 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to requiring a venue for sexually oriented performances to |
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| 7 | 7 | | provide certain content warnings. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 17, Business & Commerce Code, is amended |
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| 10 | 10 | | by adding Subchapter M to read as follows: |
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| 11 | 11 | | SUBCHAPTER M. NOTICE REQUIREMENTS FOR CERTAIN ADULT ORIENTED |
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| 12 | 12 | | BUSINESSES |
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| 13 | 13 | | Sec. 17.975. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Sexually oriented performance" means a visual |
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| 15 | 15 | | performance that appeals to the prurient interest by: |
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| 16 | 16 | | (A) featuring a performer who is nude, as defined |
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| 17 | 17 | | by Section 102.051, Business & Commerce Code; or |
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| 18 | 18 | | (B) featuring a male performer that exhibits as a |
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| 19 | 19 | | female or a female performer that exhibits as a male using clothing, |
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| 20 | 20 | | makeup, or other physical markers and signs, lip syncs, dances, or |
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| 21 | 21 | | otherwise performs before an audience for entertainment. |
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| 22 | 22 | | (2) "Sexually oriented performance venue" means a |
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| 23 | 23 | | nightclub, bar, restaurant, or other commercial enterprise that |
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| 24 | 24 | | provides for an audience of two or more individuals a sexually |
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| 25 | 25 | | oriented performance. |
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| 26 | 26 | | Sec. 17.976. CONTENT WARNING REQUIRED. A sexually oriented |
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| 27 | 27 | | performance venue shall: |
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| 28 | 28 | | (1) post in a prominent place by each public entrance a |
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| 29 | 29 | | sign conspicuously warning prospective patrons of the type and |
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| 30 | 30 | | content of the scheduled sexually oriented performance, including |
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| 31 | 31 | | whether the performance contains sexual content; and |
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| 32 | 32 | | (2) include the warning in any advertisement for the |
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| 33 | 33 | | performance, including any advertisement that appears on a social |
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| 34 | 34 | | media website. |
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| 35 | 35 | | Sec. 17.977. DECEPTIVE TRADE PRACTICE. A violation of |
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| 36 | 36 | | Section 17.976 is a deceptive trade practice under Subchapter E, |
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| 37 | 37 | | Chapter 17, and is actionable under that subchapter. |
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| 38 | 38 | | SECTION 2. Not later than January 1, 2024, a sexually |
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| 39 | 39 | | oriented performance venue shall comply with Subchapter M, Chapter |
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| 40 | 40 | | 17, Business & Commerce Code, as amended by this Act. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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